Western Well Works, Inc. v. California Farms Co.

This action was instituted by the plaintiff for the foreclosure of a mechanics’ lien upon two certain sections of land in Fresno County owned by the California Land Company, one of the defendants herein. At the time the work was done, from which, as claimed ‘by plaintiff, the lien arose, the lands sought to be affected thereby were in the possession of the California Farms Company, another defendant herein, which was an unincorporated association of persons of whom the defendant Sherwood Green was a member and officer, having authority to act for such association; and which association was at the time of doing of said work in the possession of a larger tract of land of which said sections were a part under an option to purchase the same from the California Land Company. The work to be done by the plaintiff was set forth in a contract in writing bearing date of February 10, 1920, between it and the California Farms Company and consisted in the sinking of a test bore in search of water-bearing strata upon said sections of land to the depth of 1,000 feet. The contract proceeded to state that “if, within a depth of 1000 feet from the surface of the ground, sufficient apparent…